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RELATED DOCUMENTS:
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 Subpoena

 

 Superior Court of New Jersey
 Middlesex County

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Timing

Prior to Commencement of Action

Subpoenas, notices of depositions, and requests for production may issue prior to commencement of an action only upon more...   

At Least Ten (10) Days Prior to the Deposition

A subpoena must be simultaneously served on the witness and on all parties no less than ten (10) more...

Court May Change Notice Time

The court may, for cause shown, enlarge or shorten the notice time for a deposition. . more...

Notice By Plaintiff

Leave of Court Required Until Thirty Five Days (35) After Service

Leave of court, granted with or without notice, must be obtained if the plaintiff seeks to take a more...

Exception

Leave is not required if the defendant has already served a deposition notice or otherwise sought discovery. more...

Video Depositions of Experts-30 Days After Report Served

A video deposition of a treating physician or expert witness that is intended for use in lieu of more...

Records Subpoena to Non-Party

A discovery subpoena to a non-party may only be issued with notice to all other parties of a notice of a more...

Completion of Discovery

Discovery Period

Discovery generally must be completed in the time prescribed by the case assignment track, counting from the date more...

Extension of Discovery Period By Consent

The parties may consent to extend the time for discovery for an additional 60 days by stipulation filed more...

Extension of Discovery Period By Motion

If the parties do not agree or a longer extension is sought, a motion for relief shall be more...

Discovery Extended Upon Joinder of New Parties

The joinder of a new party will extend the period for discovery for 60 days, unless reduced or more...

 Discovery Rules & Requirements

Discovery Sequence and Frequency

Unless the court orders otherwise, the use of approved discovery methods may be used in any sequence and more...

Scope of Discovery Generally

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in more...

Stipulations Regarding Discovery

Unless the court orders otherwise, the parties may by written stipulation, (1) provide that depositions may be taken more...

Added Parties

The party filing a pleading that joins a new party to the action has the duty to serve more...

 Subpoena Rules & Requirements

To Compel Non-Party Witness

The attendance of non-party witnesses at deposition must be compelled by subpoena. ; . more...

May Compel Production of Documents

The subpoena may command the person to whom it is directed to produce designated books, papers, documents, electronically more...

Non-Party New Jersey Resident

A resident of New Jersey subpoenaed for deposition may be required to attend an examination only at a more...

.

Non-Party Non-Resident Witness

A non-party non-resident witness responding to subpoena within New Jersey may be required to attend only at a more...

Non-Party Expert or Treating Physician-New Jersey Resident

If the expert or treating physician resides or works in New Jersey, but the deposition is taken at more...

Non-Party Expert or Treating Physician-Non-Resident

If the expert or treating physician does not reside or work in New Jersey, the proponent of the more...

Prisoners

The deposition of a person confined in prison may be taken only by leave of court on such more...

Depositions Outside New Jersey

A deposition for use in an action in New Jersey may be taken outside New Jersey either on more...

If the deposition is to be taken by stipulation, the person designated by the stipulation shall have the more...

Depositions In New Jersey for a Case in a Foreign State or Country

When the deposition of a person is to be taken in New Jersey pursuant to the laws of more...

Failure to Obey Subpoena

Failure, without adequate excuse, to obey a subpoena served upon any person may be deemed a contempt of more...

 Form & Format of Papers

Contents and Scope

A subpoena may be issued by the clerk of the court or by an attorney or party in more...

Corporations/Organizations

A party may name as the deponent a public or private corporation or a partnership or association or more...

Additional Requirements

Middlesex County Superior Court SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

 Filing & Service

Do Not File Subpoena

The New Jersey rules are silent on the issue of whether to file subpoenas with the court and more...

Personal Service With Fee

A subpoena may be served by any person eighteen (18) or more years of age.Service of a subpoena must be made by delivering a copy thereof to the person named together with more...

 DEPOSITION & SUBPOENA MOTION PRACTICE

Petition to Conduct Discovery Prior to Commencement of Action

Verified Petition

A person who desires to perpetuate his or her own testimony, or that of another person, or preserve more...

Timing

At least 20 days before the date of hearing, the petitioner must serve upon each person named in more...

Required Showing

The court may also grant a pre-complaint petition for depositions to a person asserting that, due to extraordinary more...

Motion for Protective Order

On motion by the party or person from whom discovery is sought, the court may, for good cause more...

Motion to Terminate or Limit Examination or for Sanctions

A motion to terminate or limit an oral examination, or a motion for sanctions, may be made on more...

Motion to Quash

The court may quash or modify a subpoena requesting documents if compliance would be unreasonable, oppressive, or subject more...

Motion to Compel or Dismiss

A motion to compel or dismiss without prejudice for failure to make discovery may be filed if a more...

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RELATED DOCUMENTS:
New Jersey - Bergen Superior
New Jersey - Bergen Superior
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New Jersey - Bergen Superior
New Jersey - Bergen Superior